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Order regarding Stamping and Verification

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OFFICE OF THE CONTROLLER OF WEIGHTS & MEASURES
GOVT. OF NCT OF DELHI
117-118, C-BLOCK, VIKAS BHAWAN, NEW DELHI-110 002
Website:www.weights.delhigovt.nic.in E-Mail:cwmd[at]nic[dot]in

Telephone No.23379266 Fax: 23379267
F.7(155)/MWM/2004/4684 Dated: 17-08-04

ORDER

It has come to notice that Verification Certificates of Weights & Measures are issued by the Inspectors without verifying the original previous verification certificates. In this regard directions issued by the then Controller (Weights & Measures) vide order No.F.29(112)/MWM/93/389 dated 25.03.94(copy enclosed) are not being complied with strictly which causes issue of verification certificates on the basis fraudulent documents and also cause loss of revenue to the exchequer.

All the Zonal Officers/Inspectors, Legal Metrology are directed to issue verification certificate after verifying the facts from their record as per guidelines issued vide order referred to above and after verifying the original previous verification certificates.

Any lapse in this regard will be seriously viewed and necessary action will be taken against the defaulting Inspector, Legal Metrology.

Sd/-
(S.N. JHA)
CONTROLLER (W&M)
F.7(155)/MWM/2004/4648 Dated:17-08-04

Copy to:-

  1. All Zonal Officers/Inspectors, Weights & Measures Deptt.
  2. P.A to CWM


OFFICE OF THE DY. COMMISSIONER CUM CONTROLLER OF WEIGHTS AND MEASURES : CPO BLOCK, K. GATE,
GOVT. OF NCT OF DELHI, DELHI-6
No. F. 29(112)/MWM/93/389 Dated : 25-03-94

ORDER

 The Deptt. of Administrative Reforms and Public Grievances, Govt. of India conducted a study in the procedure of stamping and enforcement of Weights and Measures in Delhi recently and observed as under :-

2.

  1. That no monitoring of stamping is done at the Zonal level to know from which areas or the traders the weights and measures are not being brought for stamping. It is therefore recommended that monitoring of re-stamping of weight and measure should be done at the ZO level by ticking copy of the previous VCs while issuing a new one to the traders. The trader whose previous VCs are not scored of in the due quarter are obviously the defaulters and should be dealt accordingly.
  2. That no physical checking of stamping of each piece was being done by the ZO before returning the same to the repairer or by the latter to the traders. It was therefore recommended that ZO must counter check each and every piece of weight or measure before issue of verification certificate and returning the weight and measure to the repairers.
  3. That Acts / Rules provides stringent penalties for second or subsequent offence by the same trader under the same section of the Acts / Rules during period of 3 years but the deptt. did not maintain a proper record of such defaulters with the result subsequent offences are invariably treated by the deptt. as first time offence and as such get lesser penalties than warranted in the provisions of the Act. It is therefore recommended that each Zonal Office must keep a catalogue / list of the penalty awardees by name, address, section of penal offence etc., for subsequent manual reference for three years.
  4. That Inspector should use serially numbered pages of note-books for challaning the traders and the recorded page may be pasted in the relevant register. It is also recommended that magnitude of the punishment prescribed under respective sections / sub-sections of the Act or Rules be mentioned on the notices issued to the defaulters.
  5. The deptt. should seek police help for making frequent raids in sensitive or risk prone areas.
  6. That the tailors are using measuring tape which is double graduated. It is therefore recommended that deptt. should examine the use of duel system of conforming and non-conforming of lengths by tailors and issue appropriate instructions to its enforcement staff.
  7. That the deptt. should hold demonstrations at its own initiative in Jhuggi Jhopri area, unauthorised, un-regulated colonies or areas inhabited by low income people instead of waiting for request from voluntary / consumer organisations.

3. The above referred observations and recommendations of the study team has been examined in detail with reference to the provisions of Weights and Measures Acts and Rules. It has been observed that the implementation of the above recommendations shall further improve the effective enforcement of the provisions of Weights and Measures Laws and shall protect the consumers from unscrupulous traders using unverified and non-standard weight or measure. It is therefore decided that all the ZOs shall comply the following directions with immediate effect : -

  1. Monitoring of verification and stamping of weights and measures shall be done by all the ZOs by ticking copy of previous verification certificates which are available with them while issuing a new one to the trader / user. The traders whose previous verification certificates are not scored of in due quarter, are obviously the defaulters and action should be initiated against them in accordance with the provisions of the Acts / Rules.
    The second copy of the booking memo produced by the repairer and in case of user / trader the original copy of booking memo be pasted on the office copy of the verification certificates at the time of issue of VC. The summary / indent given by the repairer shall also be pasted in the last copy of the VC issued to the repairers.
  2. In order to avoid frequent rejection of weights and measures submitted by the repairer for verification and stamping, the ZO shall review the cases of such repairer monthly and prepare list of such defaulters and will submit the same to their concerned Asstt. Controllers who shall after review initiate action against such defaulters as per provisions of law.
  3. Stamping of weight or measure after verification shall be done in the presence of Inspector, Legal Metrology of the concerned Zone and it shall be his personal responsibility to ensure proper stamping. ZO shall also conduct counter-check of weights or measures before issue of VCs and return of the same to the repairer.
  4. Although the deptt. is examining the possibility of installing a computer to have a record of penalty awarded but till such arrangement is made, all the ZOs are directed to maintain a register of penalty awardees indicating their name, address, sections of penalty, offence for subsequent manual reference for three years. The ZO while forwarding the complaints to the Head Quarters should mention the second or subsequent offence on the complaint form so that such cases are straightaway sent to the court for trial in accordance with the law. It has also been decided that the complaint notice prepared must indicate the magnitude of punishment for the offence committed by the accused.
    The importance of recording the prosecution cases on the subsequent day in the prosecution register is well known to the ZOs and time and again has been repeated for compliance. It is re-asserted that such register must be maintained properly having all the details required in this regard. Any deviation of procedure as explained shall be viewed seriously and attract disciplinary proceedings.
  5. It is expected that all the Inspectors Legal Metrology are using serial numbered pages of note-book for challaning the traders as already instructed time and again. The study team has also stressed the compliance of such instructions scrupulously. It is once again directed that the ZO should ensure that serial numbered pages are used for recording the statement meant for challaning the traders. If any lapse on this account is found, strict action shall be taken not only against the Inspector but also against the Incharge, Legal Metrology for lack of supervision over subordinates working under his charge.
  6. As mentioned above, the study team has also observed that tailors in NCT of Delhi are using double graduated measure tapes which are not permissible under the provisions of Weights and Measures Act and Rules. It appears that the ZOs are not enforcing these provisions. It is therefore our abundant duty to create awareness among the public especially the tailors and others who are using double graduated measure tape. In order to enforce use of standard measure tape by tailors and others, all the ZOs should visit such tailoring shops etc., and educate them and make them aware of provision of the Act and if in spite of proper warning they do not revert to the standard measure tape action should be taken against them as per law.
  7. Although the ZOs are having interactions with trade associations and consumer / voluntary organisations to educate them about the provisions of Weights and Measure Laws but it is felt that the deptt. at his own should arrange demonstrations in Jhuggi Jhopri or unauthorised colonies inhabited by low income people so that these people are not cheated by unscrupulous traders.

 ZO should also display out-side their offices boards having information regarding rights of the consumers to protect their interests under Weights and Measures Acts / Rules as well as the name and address of the Grievance Officer with telephone numbers so that they could lodge their grievance, if any.

All the ZOs are directed to comply with the above directions scrupulously. Any lapse in this regard shall be viewed seriously.

Receipt of this order may please be acknowledged.

Sd/-
(NAND GOPAL)
CONTROLLER LEGAL METROLOGY
WEIGHTS & MEASURES
GOVT. OF DELHI
 
Copy to :

  1. All the ZOs / Inspectors, Legal Metrology for strict compliance.
  2. P.A to CWM.
  3. Asstt. Controllers, Weights & Measures.


Sd/-
(NAND GOPAL)
CONTROLLER LEGAL METROLOGY
WEIGHTS & MEASURES
GOVT. OF DELHI

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